Moses Wetang’ula vows to appeal case ruling

Former Bungoma Senator Moses Wetang’ula on Tuesday vowed to appeal a ruling that nullified his election amid fears that he could be blocked from defending the seat.

Mr Wetang’ula contested the findings by Mr Justice Francis Gikonyo that he had treated voters, an offence under the Elections Act which attracts a lengthy prison sentence or a hefty fine or both.

“This was an election petition, not a criminal case. There is nothing in the ruling barring me or anybody from contesting in the by-election otherwise the judge would have expressly said so. The ruling was fraudulent, erroneous and obviously engineered by some invisible hands pursuing an evil political agenda against the people of Bungoma and Cord,” Mr Wetang’ula stated.

“If this was not political, how come the judge in his ruling made reference to Cord more than 20 times yet I stood on a Ford Kenya ticket and not Cord? It just goes a long way to show that this was an onslaught against Cord,” he said.

In his ruling, Justice Gikonyo said the petitioner, former Webuye MP Musikari Kombo had proved beyond reasonable doubt that Mr Wetang’ula and a former assistant minister Alfred Khang’ati had treated voters at the Kenya Red Cross offices.

The Elections Act describes “treating” as giving a voter money or refreshments in order to vote or not vote for a particular candidate.

The law also states anyone who commits the offence of treating or bribery is liable to a fine not exceeding one million shillings or to imprisonment for six years or to both.